THE PAKISTAN NATIONAL GUARD ACT, 1950

ACT No. LXIII of 1950

( For Statement of Objects and Reasons, see Gaz. of P., 1950, Pt. V, p. 201.

The Act has been applied‑

(i) to Baluchistan with effect on and from the 23rd October, 1950, see Gaz. of P., 1952, Pt. 1, p. 110;

(ii) in the Federated Areas of Baluchistan, see Gaz. of P., 1953, Pt. 1, p. 152.

It has also been extended to‑

(i) the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950);

(ii) the Khairpur State, see the Khairpur (Federal Laws) (Extension) Order, 1953 (G. G. O. 5 of 1953); and

(iii) the State of Bahawalpur, see the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O.11 of 1953).)

[23rd October, 1950]

An Act to provide for the constitution and discipline of a National Guard for Pakistan

WHEREAS it is necessary to provide for the constitution and discipline of a National Guard for Pakistan;

ACT No. LXIII of 1950

[23rd October, 1950]

It is hereby enacted as follows:‑

1. Short title extent and commencement. ‑(1) This Act may be called the Pakistan National Guard Act, 1950.

(2) It extends to the whole of Pakistan and applies to all m persons enrolled in the Pakistan National Guard wherever they may be.

(3) It shall come into force at once.

2. Definitions. In this Act, unless there is anything repugnant in the t subject or context,‑

(a) "district" means a revenue district in a Province or an Acceding State;

(b) "enrolled" means enrolled in the Pakistan National Guard under this Act;

(c) "non‑commissioned officer" means a person holding a non‑commissioned rank in the Pakistan National Guard, and includes an acting non commissioned officer;

(d) "officer" means an officer of either of the two classes specified in section 5; and

(e) "prescribed" means prescribed by rules made under this Act.

3. Constitution of the Pakistan National Guard. There shall be raised and maintained in the manner hereinafter provided a force to be designated the Pakistan Natio nal Guard.

4. Constitution and disbandment of units. The Commander‑in‑Chief, Pakistan Army, may, sub ject to the control of the Central Government, constitute for the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Federal Territory of Karachi" which had been subs. by the Repealing and Amending Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for "Capital of the Federation".) [Karachi Division] or for any district one or more units of the Pakistan National, Guard to be recruited from persons residing in such district or in the ( Subs. by A.O., 1964, Art. 2 and Sch., for "Territory" which had been subs. by Ord. 1 of 1961, s. 3 and 2nd Sch. for "Capital".) [Division] and may disband or reconsti tute any unit so constituted:

( Proviso added by the Pakistan National Guard (Amdt.) Act, 1952 (15 of 1952), s. 2.) [Provided that where, in his opinion, it is not for any reason practicable to recruit a unit from the Capital; or the district, for which it has been constituted, he may, by order in writing, authorise its recruitment from persons residing in any other district. ]

5. Personnel of the Pakistan National Guard.(1) There shall be the following classes of officers in the Pakistan National Guard, namely:‑

(i) ( Subs. ibid., s. 3, for "officers holding commissions".) [senior officers holding commissions] in the Pakistan National Guard granted by the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Governor‑General".) [Presi dent] with designation of rank corresponding to those of officers of the Pakistan Army, and

(ii) junior officers holding commissions in the Pakistan National Guard granted by the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Governor‑General".) [President] with designation of rank corres ponding to those of junior commissioned officers of the Pakistan Army.

(2) An officer shall be deemed to be enrolled in the Pakistan National Guard for so long as he holds a commission therein.

6. Conditions of the enrolment.‑(1) Any person domiciled in Pakistan may offer himself for enrolment in the Pakistan National Guard and any such person who satisfies the prescribed conditions may be enrolled for the prescribed period and in the prescribed manner.

(2) An applicant for enrolment residing in the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Federal Territory of Karachi" which had been subs. by the Repealing and Amending Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for "Capital of the Federation".) [Karachi Division] or in a district may apply to be enrolled for service in any unit constituted for the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Territory" which had been subs. by Ord. 1 of 1961, s. 3 and 2nd Sch., for "Capital".) [Division] or, as the case may be, for the district.

( Sub‑section (3), added by the Pakistan National Guard (Amdt.) Act, 1952 (15 of 1952), s. 4.) [(3) Where, in pursuance of the proviso to section 4, the Commander‑in‑Chief, Pakistan Army, authorises the recruit ment of a. unit from persons belonging to a district other than that for which the unit was constituted, an applicant for en rolment may, notwithstanding anything contained in sub‑section (2), apply to be enrolled in any unit so recruited.]

7. Appointment to a Unit. Every person enrolled and residing in the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Federal Territory of Karachi" which had been subs. by the Repealing and Amending Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for "Capital of the Federation".) [Karachi Division] or a district shall without unnecessary delay be appointed to a unit constituted under section 4 for the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Territory" which had been subs. by Ord. 1 of 1961, s. 3 and 2nd Sch., for "Capital".) [Division] or, as the case may be, ( Subs. ibid., s. 5, for "for the district".) [for the district, or, if he applied for enrolment in a unit other than a unit constituted for the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Territory" which had been subs. by Ord. 1 of 1961, s. 3 and 2nd Sch., for "Capital".) [Division] or the district, in which he resides, to such other unit].

8. Transfer and attachment.‑(1) Any person appointed to a unit constituted under section 4 may be transferred, whether on disbandment of the unit or, otherwise, to another unit of the Pakistan National Guard in such manner as may be prescribed:

Provided that no person appointed to a unit so constituted in an Acceding State shall be transferred save with the consent of the Ruler to a unit so constituted outside the State.

(2) Nothing in sub‑section (1) shall be deemed to authorise the transfer without his own consent of any person enrolled ( Subs. ibid., s. 6 for "to a unit constituted for the Capital or for a district if he does not reside in the Capital or, as the case may be, in the district",) [any unit other than the unit to which he was appointed under section 7].

(3) Any person enrolled may be attached at his own request to any unit of the Pakistan National Guard.

9. Change of resident. ‑(1) Any person enrolled who changes his place of residence and thereby leaves the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Federal Territory of Karachi" which had been subs. by the Repealing and Amending Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for "Capital of the Federation".) [Karachi Division], if the unit in which he is serving is constituted for the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Territory" which had been subs. by Ord. 1 of 1961, s. 3 and 2nd Sch., for "Capital".) [Division], or a district, if the said unit is constituted for that district shall‑

(a) if he does not intend to return to the ( Subs. by A. O., 1964, Art. 2 and Sch., for "Territory" which had been subs. by the Repealing and Amending Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for "Capital".) [Division] or to that district, as the case may be, inform the prescribed authority of his new place of residence; or

( Subs. by the Pakistan National Guard (Amdt.) Act, 1952 (15 of 1952), s. 7, for the original clause (b).) [(b) if, having intended to return, he does not return within a period of three months, inform the pres cribed authority as aforesaid immediately on the expiry of that period.]

(2) The prescribed authority on being informed of a change of address under sub‑section (1) may, subject to the provisions of section ( Subs. ibid., for the figure "7".) [8], transfer the aforesaid person from the unit in which he is serving to another unit.

10. Discharge.‑(1) Every person enrolled shall be entitled to receive his discharge from the Pakistan National Guard on the expira tion of the period for which he was enrolled and may, before the expiration of that period, be discharged from the force by such authority and subject to such conditions as may be prescribed:

Provided that no person enrolled who is for the time being engaged in military service shall be entitled to receive his dis charge before the termination of such service.

(2) Every person enrolled shall on becoming entitled to his discharge be discharged with all convenient speed.

11. Liability to serve and perform military services.‑(1) Every person enrolled shall, subject to such con ditions as may be prescribed, be bound to serve in any unit of the Pakistan National Guard to which he has been appointed or transferred or is for the time being attached, and shall be subject to all rules and regulations that may be made under this Act relating to such unit.

(2) Every person enrolled shall be liable to perform military service‑

(a) when called out with any portion of the Pakistan National Guard by an order of the senior officer of the Pakistan Army present, either to act in support of the civil power or to provide guards which, in the opinion of such officer, are essential; or

(b) when the unit to which he belongs has been em bodied to support or supplement the Pakistan Army in the event of an emergency by ( Subs. by the Pakistan National Guard (Amdt.) Act, 1951 (44 of 1951), s. 2, for "a notification".) [an order] directing such embodiment issued by the Central Government ( The words "and published in the official Gazette" omitted, ibid.)* * *.

(3) No person enrolled shall be required to perform military service beyond the limits of Pakistan save under a general or special order of the Central Government and save, in the case of a person who is a subject of an Acceding State, with the consent of the Ruler.

12. Application of the Indian Army Act, 1911. ‑(1) Every officer of the Pakistan National Guard when doing duty as such officer shall be subject to the provisions of the Indian Army Act, 1911 ( Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 195).) [or the Pakistan Army Act, 1952], and the rules and regulations made thereunder, in the same manner and to the same extent as if such officer held the same rank in the Pakistan Army as he holds for the time being in the Pakistan National Guard but subject to the terms of his com mission and to any order of the ( Subs. by A. O., 1961, Art. 2, for "Governor‑General" (with effect from the 23rd March, 1956).) [President] made in this behalf VIII of 1911, XXXIX of 1952.

(2) Every non‑commissioned officer and man of the Pakis tan National Guard‑

(a) when called out or embodied for military service under section 11, or

(b) when embodied for, or otherwise undergoing military training in the prescribed manner, shall be subject to the Indian Army Act, 1911, ( Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 195).) [or the Pakistan Army Act, 1952], and the rules and regulations made thereunder, and the said Act, rules and regulations shall apply to him, subject to any order of the ( Subs. by A. O., 1961, Art. 2, for "Governor‑General" (with effect from the 23rd March, 1956).) [President] made in this behalf as if he held the same rank in the Pakistan Army as he holds for the time being in the Pakistan National Guard:

Provided that the said Act, rules and regulations shall, in their application to such non‑commissioned officers and men when embodied for or otherwise undergoing military training, be modified to such extent and in such manner as may be pre scribed.

(3) When any offence punishable under the Indian Army Act, 1911 ( Ins. by the Central Laws (Statute Reform) Ordinance 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).)[or the Pakistan Army Act, 1952], has been commit ted by any person while subject to that Act under the provi sions of this section such person may, notwithstanding that he may have ceased to be so subject, be taken into and kept in military custody and tried and punished for such offence as aforesaid in like manner as if he had not ceased to be so sub ject VIII of 1911, XXXIX of 1952.

13. Summary trial and punishment. In addition to, or in substitution for, any punishment to which he may be liable under the Indian Army Act, 1911 ( Ins. by the Central Laws (Statute Reform) Ordinance 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).) [or the Pakistan Army Act, 1952], any person enrolled other than an officer may be punished by a court of competent criminal juris diction, or summarily by order of the prescribed authority, for any offence under that Act or for the contravention of any provi sion of this Act or of any rule made thereunder, with fine which may extend to one hundred rupees to be recovered in such manner and by such authority as may be prescribed:

Provided that no fine shall be summarily inflicted by an order of the prescribed authority in any case in which the accus ed claims to be tried by a criminal court:

Provided further, that no court inferior to that of a magis trate of the first class shall try any offence, made punishable by or under this Act.

14. Presumption as to certain documents. When any person enrolled, other than an officer, is required by or in pursuance of any rule or order made under this Act to attend at any place, a certificate purporting to be signed by the prescribed officer stating that the person so required to attend has failed to attend in accordance with such require ment shall, without proof of the signature or appointment of such officer be evidence of the matter stated therein.

15. Persons subject to the deemed part of the Pakistan Army. For the purposes of sections 128, 130 and 131 of the Code of Criminal Procedure, 1898, all officers, non‑commissioned officers and men of the Pakistan National Guard who have been appointed to a unit shall be deemed to be officers, non‑commis sioned officers and soldiers respectively of the Pakistan Army V of 1898.

16. Exemption from local taxation. No person shall be liable to pay any municipal or other tax in respect of any horse, bicycle, motor bicycle, motor car or other conveyance which he is required or authorised by a general or special order of the Commander‑in‑Chief, Pakistan Army, to maintain in his capacity as a person enrolled in or as a person otherwise connected with the Pakistan National Guard.

17. Power to make rules. ‑(1) The Central Government may by notification in the official Gazette make such rules**(** For the Pakistan National Guard Rules, 1951, see Gaz. of P., Ext 1951, pp. 817‑830.) as appear to it to be neces sary for carrying into effect the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may‑

(a) prescribe the conditions subject to which, the period for which and the manner in which, persons may be enrolled under section 6;

(b) prescribe the manner in which a person enrolled may be transferred under section 8;

(c) prescribe the authorities by whom and the condi tions subject to which persons enrolled may be discharged under section 10;

(d) prescribe the authorities by which offences under this Act may be punished and the manner in which fine inflicted may be recovered;

(e) prescribe the military training, compulsory or voluntary, for any person or class of persons en rolled and to provide for the embodiment of any unit for that purpose;

(f) prescribe the extent to which and the manner in which the provisions of the Indian Army Act, 1911 ( Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960 s, 3 and 2nd Sch. (with effect from the 14th October, 1955).) [or the Pakistan Army Act, 1952], shall be modified in their application to non‑commission ed officers and men of the Pakistan National Guard when embodied for or otherwise under‑going military training VIII of 1911, XXXIX of 1952 ;

(g) provide for and regulate the remuneration, allowances, gratuities or compensation (if any) to be paid to any person or class of persons en rolled or to their dependents;

(h) prescribe the officers by whom certificates may be signed under section 14 ;

(i) provide for the medical examination of persons offering themselves for enrolment under section 5; and

(j) provide for any other matter which under this Act is to be or may be prescribed.

18. Power to make regulations.‑(1) The Commander‑in‑Chief, Pakistan Army, may make regulations not inconsistent with this Act and the rules made thereunder providing generally for all details connected with the organisation and personnel of the Pakistan National Guard and for the duties, military training, clothing, equipment, allowance and leave of persons enrolled.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may specify the courses of training or instruction to be followed by any person or class of persons enrolled.

19. [Repeal.] Rep. by the Repealing and Amending Ordin ance, 1965 (X of 1965), s. 2 and 1st Sch.

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